20 USC 4412 - Board of Trustees

U.S Code last checked for updates: Nov 22, 2024

§ 4412.

Board of Trustees

(a)

Composition

(1)

The Board of Trustees of the Institute shall be composed of 13 voting members and 6 nonvoting members as follows:

(A)

Subject to the provisions of subsection (i), the voting members shall be appointed by the President of the United States, not later than 180 days after October 17, 1986, from among individuals from private life who are Indians, or other individuals, widely recognized in the field of Indian art and culture and who represent diverse political views, and diverse fields of expertise, including finance, law, fine arts, and higher education administration.

(B)

The nonvoting members shall consist of—

(i)

2 Members of the House of Representatives appointed by the Speaker of the House of Representatives in consultation with the Minority Leader of the House of Representatives;

(ii)

2 Members of the Senate appointed by the President pro tempore of the Senate, upon the recommendation of the Majority Leader and the Minority Leader of the Senate;

(iii)

the President of the Institute, ex officio; and

(iv)

the president of the student body of the Institute, ex officio.

(2)

In making appointments pursuant to paragraph (1)(A), the President of the United States shall—

(A)

consult with the Indian tribes and the various organizations of Indians;

(B)

publish in the Federal Register an announcement of the expiration of terms no less than 4 months before such expiration;

(C)

solicit nominations from Indian tribes and various Indian organizations to fill the vacancies;

(D)

give due consideration to the appointment of individuals who will provide appropriate regional and tribal representation on the Board; and

(E)

ensure that a majority of the Board appointed under paragraph (1)(A) are Indians.

(3)

The President shall carry out the activities described in subparagraphs (B) and (C) of paragraph (2) through the Board. The Board may make recommendations based upon the nominations received, may make recommendations of its own, and may review and make comments to the President or the President’s appointed staff on individuals being considered by the President for whom no nominations have been received.

(4)

Members of Congress appointed under this section, or their designees, shall be entitled to attend all meetings of the Board and to provide advice to the Board on any matter relating to the Institute.

(b)

Terms of office

(1)

Except as otherwise provided in this section, members shall be appointed for terms of office of 6 years.

(2)

The terms of office on the Board for the Members of the House of Representatives and of the Senate shall expire at the end of the congressional term of office during which such Member or Senator was appointed to the Board.

(3)

Of the members of the Board first appointed under subsection (a)(1)(A)—

(A)

4 shall be appointed for terms of office of 2 years;

(B)

4 shall be appointed for terms of office of 4 years; and

(C)

5 shall be appointed for terms of office of 6 years,

as determined by the drawing of lots during the first meeting of the Board.

(4)

No member of the Board appointed under subsection (a)(1)(A) shall be eligible to serve in excess of 2 consecutive terms, but may continue to serve until such member’s successor is appointed.

(c)

Vacancies

(d)

Removal

(e)

Chairman and Vice Chairman

(f)

Quorum

(g)

Powers

The Board is authorized—

(1)

to formulate the policy of the Institute;

(2)

to direct the management of the Institute; and

(3)

to make such bylaws and rules as it deems necessary for the administration of its functions under this chapter, including the organization and procedures of the Board.

(h)

Compensation

(i)

Appointment exception for continuity

(1)

In order to maintain the stability and continuity of the Board, the Board shall have the power to recommend the continuation of members on the Board pursuant to the provisions of this subsection. When the Board makes such a recommendation, the Chairman of the Board shall transmit the recommendation to the President no later than 75 days prior to the expiration of the term of the member.

(2)

If the President has not transmitted to the Senate a nomination to fill the position of a member covered by such a recommendation within 60 days from the date that the member’s term expires, the member shall be deemed to have been reappointed for another full term to the Board, with all the appropriate rights and responsibilities.

(3)

This subsection shall not be construed to permit less than 7 members of the Board to be Indians. If an extension of a term under paragraph (2) would result in less than 7 members being Indians, the term of the member covered by paragraph (2) shall be deemed to expire 60 days after the date upon which it would have been deemed to expire without the operation of this subsection, except that the provisions of subsection (b)(4), relating to continuation of service pending replacement, shall continue to apply.

(Pub. L. 99–498, title XV, § 1505, Oct. 17, 1986, 100 Stat. 1601; Pub. L. 102–325, title XIII, § 1331(a), July 23, 1992, 106 Stat. 805; Pub. L. 112–166, § 2(ee), Aug. 10, 2012, 126 Stat. 1290.)

cite as: 20 USC 4412